STOGNER UPDATE: POST-REMITTITUR CASES
July 17, 2003
[This is the third in a series of articles about Stogner
cases; this one deals with Stogner cases in which the appeals
are over. The first two articles deal with Stogner cases
where appeals are still pending. To access the first two
articles, please scroll to the end of this article and click
on the links as shown.]
This is an update about Stogner cases (Stogner
v. California (June 26, 2003) ___ U.S. ___ , 2003 DJDAR
6989, holding unconstitutional as ex post facto the application
of Penal Code §803(g) extending the statute of limitations
for sex crimes where the limitations period had already
expired at the time §803(g) was enacted). To date,
defendants have gotten relief in cases in which charges
were pending in the trial court, and cases in which appeals
were pending in the Court of Appeal.
We are now turning to "closed" Stogner
cases (post-remittitur cases).
Some of you may have already identified some prior appeal
in which the appellant was convicted of Stogner counts,
and you may have begun to prepare a habeas petition or other
pleading to bring such a case before either the Superior
Court or the Court of Appeal. If so, please feel free to
contact your FDAP buddy in the case, or staff attorney Jonathan
Soglin (email: firstname.lastname@example.org),
for any assistance you might need.
However, I do not know of any sure means by which you can
get paid for such post-remittitur work, particularly in
cases where final claims have been submitted. In order to
avoid possible pro-bono work on your part in such cases,
I'm writing to say that FDAP can act as a "middleman."
Specifically, if you recall some appeal you handled in which
you believe there are Stogner counts, you can write,
call or email us, giving us the basic information about
the case. We will gather the information and contact the
Public Defender or trial counsel, and help provide them
with sample habeas petitions or other pleadings if needed.
Hopefully that's all it will take, and the Public Defender's
office can take it from there.
Please take a few minutes to recall if you have any old
cases in which the appellant was convicted of Stogner
counts (the Stogner issue does not need to have been
raised in the appeal, just that the appellant was charged
and convicted of some counts under §803(g) for which
the statute of limitations had already run). If you believe
you have such a case, please let Jonathan Soglin know (or
just reply to this email). You don't have to send us any
pleadings or documents, just give us the case number, case
name, trial court number, and any brief comment you have.
We'll continue to update you on Stogner matters.
PREVIOUS STOGNER ARTICLES: